Son entitled to €315,000 from will

Full text available at http://www.irishtimes.com/newspaper/ireland/2012/0704/1224319342248.html

The High Court has ruled that a retired man is entitled to €315,000 from his late mother's estate.

It was found by Justice Roderick Murphy that the late Mrs. Mary Boyle  failed in her moral duty under Section 117 of the Succession Act 1965 to make proper provision for one of her sons, Walter Boyle.

In her will, she left all of her interest in the licensed premises which she had owned with her late husband at the Square, Kildare, Co. Kildare, to her son Jarlath.

That interest included shares in John Boyle Ltd, the company operating the pub business, stock, all business debts due to Mrs Boyle, a dwelling house, and the contents and furniture of the house.

Walter had sought a declaration from the court that his mother had failed in her moral duty to him under the Act. In an Affidavit he said the effect of the will left his brother Jarlath with two homes, a well stocked business, accompanying property and the benefits from a lease with Bank of Ireland, which was part of the assets of the company.

Opposing the application, Jarlath Boyle said his parents made provision for all their children as best they could bearing all their interests and abilities in mind.

Yesterday, Mr Justice Murphy ruled that Walter Boyle should receive €315,000, which was to be funded out of Jarlath’s share of their mother’s estate. The judge also found inordinate and inexcusable delay by Jarlath in extracting a grant of probate, despite repeated calls to do so by Walter.

Brophy Solicitors

04.07.12